12-1634 - Deutsche Bank National TrustIN I
I'M Wzwo� w. V
Police Department
"A CFA Accredited Law Enforcement Agency
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phono: (561) 742-6100
Fax.• (561) 742-6785
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (567) 742-6120
Pax: 1561) 742-6383
Date:
To:
From
RE:
May 6, 2013
City Commission
Code Compliance Division
Code Compliance Case #12-1634
0 1,� POLI
bV
1 �, . SST. o2o
In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is
hereby forwarded to you for review. As required by Ordinance number 001 -07, the following
procedures are to be followed:
ci A City Commissioner has seven (7) days from the rendition of the Order to request the
City Manager's Office to place the case on a City Commission Agenda for review.
(Space provided below for transmittal purposes)
o Said review must occur within thirty (30) days of the request for review,
:i Upon such review, the City Commission may take one of the following actions:
a. Uphold the Code Compliance Board's recommendation in full.
b. Over-rule the Board's decision in full.
c. Modify the Board's Final Order.
o The City Commission shall direct staff to take action consistent with their review of the
"Lien Modification Order".
1, , hereby request the City Manager's
Office to place the above referenced case on the next available City Commission Agenda for
review.
Signed on this date, the _ day of 2011.
America's Gateway, to the Gulfstream
Nileeting MiFIL""C�S
Code LJ Reduction
Boynton Baach, FL April 24, 2013
forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances,
Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of April 19, 2006, to an amount of $5,60312,
includinri administrative costs. 'he motion died for lack of a second.
Based on tesfin and evidence presented in the aforementioned case and having
been advised that the Respondent has cornplied with all lien reduction procedures set
forth in Section 284 through 2-89 of the City of Boynton Beach Code of Ordinances,
Ms. Carroll moved that this Board reduce the fines instituted in the aforementio fled case
by virtue of this Board's Order of April 19, 2006, to an amount of $3,634.12, including
administrative costs. Vice Chair Cole seconded the motion that passed 4-1 (Ms.
Prenoer dissenting.)
Case No. 12-1634 Deutsche Bank National TrUSIL 2531 SE 11th Court
[Vs. Spring�r presented the case. The notice of violation was dated August 24, 2012,
for violahon3 pertaining to foreclosed property must be registered, rnow, weed and trim
t he Propej Ce( gates to the pool that are self-latching, and to clean and maintain
L th , � - - pool in �.s sanitary condition. ] case was heard on October 17, 2012, and no one
-
appeared. The compliance date and fine set by the Board was October 27, 2012, or a
fine of $1,000 per day tVOLIld be imposed. The violations were corrected on April 12,
2011 The lien reduction application fee was paid. Ms. Springer was contacted April
11, 2013. to inspect the props r An inspection, on April 12, 2013, showed the
corrected They only had to add four-inch house numbers before
comirip 6 the LUrd,
Avi Stern, �5455 . 1 , Fodera� Highlvay, Suite J, Boca Raton, commented the owner is
not De,utse i f 3, it is Deutsche Home Loan Funding, which had no relation to
Deutsche Bank. The J'Qreclosing bank was Deutsche Bank.
Mr. Stern explained his company purchased the property at a foreclosure sale on
January 25, 2011 At the time there was no lien filed, rather it was filed an February 7,
2013. They were unaware of the 'Issues and when they became aware of them on April
11, 2013, they w corrected by April 12, 2013. Whey spent a great deal of money but
ih, prop, did not a ' ppraise for anywhere near what they hoped to sell it for. - rhey
invested uv-r 'P'5U thous jnd in the home. He commented he would have taken the lien
into acc nL ci it be filed when they purchased the property.
r,/Is, Spilng(�7i for the, rcc,ord the Lis Pendens said Deutsche Bank National
Trust.
3
Me-eting Niinutas
("ode Lien Raduction
Boynton Beach, FL April 24, 2013
Discussion followed the repairs were done in one day. Mr, Stern explained some repairs
were done prior, such as pool and lawn. There was an issue with the latch on the fence
which was fixed and the house numbers, The items left over were very minor. They
purchas~: d the piaperty on the courthouse steps on January 25, 2013, but the lien was
recorded Febriary 7, 20 Ms Brenner commented, if they purchased the property in
January, th iien srcukl hive been recorded in their name because the property should
be recordeci fri thu ne%.v name within 10 days. Mr. Stern explained the Certificate of Title
was received F 19, 201 He clarified it takes three to four weeks for the Clerk
to record dccurnemts, There were no further questions frorn the Board.
Motion
Based on the testimony and evidence presented in the aforementioned case., and
having been advised that the Respondent has complied with all lien reduction
procedil,ire set forth in Suction 2-84 through 2-89 of the City of Boynton Beach Code of
Ordina,n ;es, ibis. Brenner ri that this Board rescind the fine instituted in the
aforemcL"it'lo: cL,-ise by vi;lue of this Board's Order of $8,300, and that the lien imposed
by that Order be released. The motion died for lack of a second.
Ms. Brentier announced she used the wrong motion,
Motion
Based on tile t�stirncny a-ril] evidence presented in the aforementioned case, and
hWM1U ')ee adv� sud that the Res has complied with all lien reduction
pi ocedurj set Ro In In Soctiori 2-84 through 2-89 of the City of Boynton Beach Code of
Ordij Ms. Bre rrrte.r moved t%� at this Board reduce the fine instituted in the
aforemuiritiom-d c;--i�,:e l)y virtue of this Board's Order of October 17, 2012, to an amount
of $8,300 including <,dministrative costs. Chair COSt2ntino passed the (, and
socond:� th�� n io"lion ti iat passed 4-1 (Ms. Carrot] dissei7fingj
Case No, 1 Federal National h Association 124 SE 10th Avenge
Ms. Springer presented the case. The notice of violation was sent on June 10, 201 for
violadon p""Icining to a perr needed for an installed water heater and windows. The
, as e I h ( � I rd on September 21, 201 1, and no one appeared. The compliance date
7
- find se[ by the Eoord was October 1, 201 or a fine of $100 per day would be
irnposed. The vioiafiof,s were corrected on October 18, 2012. The application fee for
the iien reduciion vvuis paid. She was first contacted in December 2012 by a
representative frorn the firm of Marshall Watson. She provided a list of items to b e
corrected, which was to trim `end remove holly, replace the missing screens on
�. and repair the walk in the front of the property. They were also required to
remove excess blocks from the rear of the property. She was again contacted in
February )y a real estate agent and in March, by Robin Dominguez, who was just
4
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE. NO, 12 -1634
DEUTSCHE BANK NATIONAL TRUST
Respondent's),
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on April 24, 2013, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having
considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date
of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent
information relating to the specific case and being otherwise duly advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that:
I . This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent.
1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances.
1 The hen imposed by the Board on October 17 2012 on the Property located at 2531 SW I I" Ct., Boynton
Beach, Florida, with the legal description of:
GOLF VIEW HARBOUR 2 SEC LT 15 BLK 14, according to the plat thereof as recorded in Plat Book 27, Page 46, of the
Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 32- 03- 014 -0150 is REDUCED TO $8,300.00.
4. The City shall prepare a release and satisfaction consistent with this Order.
5. The release and satisfaction shall be recorded in the public records of Pale Beach County at the Respondent's
expense.
6. This Order is not final until the time period for appeal tinder the Code has elapsed and if appealed is properly
disposed by the City Commission.
7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or
modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be
permitted, and no farther action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this &q day of
2013.
o
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
\TTEST:
City Attorney
City Clerk< ILEK
Respondent -��,